Appeal against the court ' s decision to evict an apartment (sample)

Today, we propose an article on the subject of an appeal against a court decision to evict an apartment, written in simple and accessible language.Апелляционная жалоба на решение суда о выселении из квартиры (образец)Court actions for eviction are quite common, and the defendant ' s position in the case is often fundamentally different from that of the court of first instance, and counsel claims that the court ' s decision was unlawful or that procedural rules were not followed.

It was in order for citizens to have the opportunity to correct an incorrect decision of the court, that it was possible to appeal against it or to reverse it altogether, and that an appeal could be lodged in order to resolve the problem.

The appeal must be made in accordance with certain rules.

Submission of a complaint. It is possible only after the court has rendered its judgement, but before it becomes enforceable, usually the court verdict takes effect one month after it has been handed down.

ClaimantsOnly the plaintiff or defendant in the case may appeal, and in some cases provided for by law, the prosecutor or other individual who has made a separate claim on the subject matter of the dispute may appeal.

AddressHigh Court.

ContentsIn accordance with the rules established by the Civil or Administrative Code of the Russian Federation.

An appeal is made by a citizen who disagrees with the court ' s decision and the law allows the following categories of citizens to appeal:

  1. The plaintiff or the defendant who took part in the proceedings.
  2. Other persons, if the verdict affected their legal rights, should be required to substantiate their complaint in the most detailed manner, otherwise it would not be accepted by a higher court.

As a result of the appeal against the eviction decision of the district (city) court, the Court of Appeal may:

  • Repeal or modify the verdict;
  • Send it to the district (city) court for reconsideration;
  • I'm gonna leave it unaltered.

As a result of the proceedings, the court issues an appeal decision, after which the court ' s decision becomes enforceable.

This means that the day when the operative part (usually the day of the trial) was spoken does not count as the beginning of the one-month period for the filing of the appeal; the court has five more days to produce the motivational part, and only after the judgement has been issued does the full motivation of the court start counting the one-month period for the filing of the appeal.

There are cases in which the court has, for any reason, delayed the preparation of the motivational part, in such situations the law allows the applicant to file a brief appeal, a right which is granted to the applicant to ensure that he or she does not miss the deadline for filing the document.

In a brief appeal, the applicant publishes his or her claims, but may not substantiate them or provide incomplete justification; he or she is then given the opportunity to supplement the text of the complaint with full wording and justification of the position, and the supplement is submitted to the Court of Appeal in the form of an additional appeal.

Once the court has ordered the eviction, the grounds for its annulment or modification may be:

  • Inaccuracy of the circumstances affecting the case;
  • The lack of proof of the alleged circumstances affecting the court ' s decision;
  • Incompatibility of the circumstances that emerged from the court ' s findings;
  • Violation of any rules of procedural law;
  • Misapprehension of these rules.

Reasons and reasons for setting aside or modifying a court decision

It is possible to reverse or amend the decision of the district (city) court on the following grounds:

  • The eviction case was heard by an illegal court;
  • Not all parties to the proceedings were present at the hearing because the parties to the proceedings had not been informed of the time and place of the proceedings, or the notice was in violation of the requirements of the PCA;
  • The trial took place in violation of the rules of the language, for example, the plaintiff or defendant who did not speak the language in which the trial was conducted was not provided with an interpreter;
  • The court ' s determination is adopted with regard to the rights or obligations of other persons (not party to the proceedings);
  • There is no record of the proceedings;
  • The court, at the time of the verdict, violated, for example, the secrecy;
  • The document produced does not contain the necessary signature, or vice versa, the signature of a person who is not part of the court.

The following facts are also considered to be grounds for appeal:

  • The court did not correctly determine the circumstances affecting the outcome of the case;
  • The circumstances taken into account by the court are not proven;
  • The court ' s findings are inconsistent with the circumstances of the parties to the proceedings;
  • The court violated or misapplied substantive or procedural law.

Examples of violation or incorrect application of substantive law:

  1. The law to be applied in this context has not been applied.
  2. Reverse, the court applied a law that could not be used in the present case.
  3. The court misinterpreted the law.

Like any judicial document, the drafting of an appeal must be in accordance with certain rules.

  1. The upper right-hand corner indicates the details of the higher court to which the document is submitted, followed by the applicant ' s personal details (FIO, address, contact number) and the applicant ' s name at the centre, the court decision number and the date on which it was delivered.
  2. It then follows the main part, in which the complainant must state the nature of the complaint, the grounds on which he contests the verdict, and the essence of the claims must be based on the documents and evidence available in the court case, and it is not possible to invoke any new evidence or circumstances.
  3. The applicant must then list all documents which he attaches to the appeal, set a date and sign the document.

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The applicant must attach to the appeal:

  • A copy of the judicial decision against which the appeal is lodged;
  • A receipt for the payment of the mistress.

Model appeal

If you want your complaint to be accepted by the highest court and your claims satisfied, you must comply with the procedure for filing it.

First phaseThe applicant must first read the court ' s decision, the reasons why it was adopted and its legality assessed.

Second phaseAt this stage, it is desirable to ask a lawyer what nuances a higher court should pay particular attention to, which articles of the law are best referred to, what is disputed and what cannot be challenged in the court of first instance ' s decision.

Third phase. Direct consideration of the case by the highest court.

It is also desirable here to have the assistance of a lawyer who will be able to be quick in the process, since not only the complainant is preparing for trial, but also the opponent of the dispute.

And if your opponent is represented by a literate lawyer and you defend your rights on your own, then it is not known to whom the judgement and the Court of Appeal will be of benefit.

So you've lost the court of first instance, you're in danger of eviction. What do you do? First, don't panic, it's not all lost. You have to wait for the production of the motivational part, and immediately after it's received, you have to ask for advice from a competent lawyer.

RAA Act

Appeal for eviction from an apartment by court decision

In resolving the dispute, the courts should consider that, within the meaning of article 83, part 4, paragraph 1, and article 90, of the Criminal Code, the failure of the employer and members of his family to pay these payments for more than six consecutive months is a circumstance of legal importance.

Respectable reasons for the employer ' s and his family ' s failure to pay for accommodation and utilities by the court may include, for example: long delays in the payment of wages, pensions; the difficult financial situation of the employer and his family ' s capable members due to the loss of work and the inability to find employment despite the measures taken; the illness of the employer and/or his family members; and the presence of disabled persons, minors and others within the family.

The claim cannot be successful if the court finds that the reasons for the failure of the employer and members of his family to pay for the accommodation and utilities are respected for more than six consecutive months.

The grounds for quashing or modifying a court ' s decision on appeal are as follows:

  1. Misdetermination of circumstances relevant to the case;
  2. Lack of proof of circumstances relevant to the case, as determined by the court of first instance;
  3. The inconsistencies between the findings of the court of first instance as set out in the court ' s decision and the circumstances of the case;
  4. Violation or incorrect application of substantive law or procedural law.

The incorrect application of substantive law is as follows:

  1. Non-application of the law to be applied;
  2. Application of a law that is not applicable;
  3. Misinterpretation of the law.

The violation or incorrect application of procedural law is the basis for the modification or annulment of the decision of the court of first instance if the violation has led to or may have led to an incorrect decision.

The grounds for setting aside the decision of the court of first instance are in any case:

  1. :: Trial by an unlawful court;
  2. Consideration of the case in the absence of any of the persons involved in the case who have not been duly informed of the time and place of the trial;
  3. Violations of the rules on the language in which the proceedings are conducted;
  4. The court ' s decision on the rights and obligations of persons not involved in the case;
  5. The court ' s decision was not signed by the judge or any of the judges, or the court ' s decision was not signed by the judge or by the judges who were members of the court hearing the case;
  6. Absence of trial minutes in the case file; violation of the rule of secrecy of the judges ' meeting in the decision-making process.

Where there are grounds provided for in paragraph 4 of this article, the court of appeal shall hear the case on the rules of procedure of the court of first instance, without taking into account the particulars provided for in this chapter; it shall decide whether to proceed on the rules of procedure of the court of first instance, specifying the actions to be taken by the persons participating in the case and the time frame for their completion.

The court of first instance ' s decision cannot be quashed on the merits on formal grounds alone.

Appeal against the decision to declare the use of the dwelling lost, model example, appeal counsel

At the same time, the court denied my counter-claims to ensure access and not to obstruct the use of the accommodation.

1. The court ' s findings are contrary to the case file.

The Court, in its decision, stated thatI left voluntarily.From the disputed room to another place of residence, as a result of which the right to use the dwelling was lost.He's rubbing the case file.is contrary to the requirements of the law and violates established jurisprudence.

By decision No. 14 of 2 July 2009 of the Plenum of the Supreme Court of the Russian Federation.

"Some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation," it is stated that by resolving disputes concerning the recognition of persons as having lost their right to use a dwelling under a social employment contract because of their permanent absence from the dwelling because of their departure from it, the courts must determine: why and for how long the defendant has been absent from the dwelling, whether his departure from the dwelling is forced (conflict relations within the family, dissolution of marriage) or voluntary, temporary (work, training, treatment, etc.) or permanent (exited his belongings, moved to another settlement, remarry and reside with a new family in another dwelling, etc.), whether he has been prevented from using the accommodation by other persons living there, whether the respondent has acquired the right to use other accommodation in his new place of residence, whether he performs obligations under the contract for the payment of accommodation and public services, etc. When the court determines the circumstances of the defendant ' s voluntary departure from the dwelling and of the absence of obstacles in the use of the dwelling, and whether the defendant ' s right to re-employment on the basis of a contract is subject to a unilateral termination of his employment on the basis of his rights and duties on the basis of his employment on the basis of his or on the basis of his or on the basis of his or on the basis of his or on the basis of his or on the basis of his or on the basis of his employment on the basis of a contract of his rights and duties on which he or on which he or on which he or on which he or not of his or on the basis of his or her or her or her or her or on a contract of his or on the basis of his or not of a contract of his or on which he or on the basis of a contract of his or not of his or not of a contract of his or on a contract of his or not of employment on a contract of being on the right of a contract.

So,Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matter: Subject matterThe facts in this case are: the defendant ' s voluntary departure from the disputed dwelling, the defendant ' s place of residence, the respondent ' s failure to maintain the disputed dwelling, the defendant ' s lack of belongings in the disputed dwelling, and the defendant ' s failure to live in the disputed apartment.

Only if all the facts are proved can the defendant be found to have lost his right to use the disputed dwelling, but the plaintiff has not provided any evidence of the above-mentioned facts and the court has not sought to establish them; as a result, no evidence other than the plaintiff ' s testimony is contained in the case file.

After a long search, I was offered a temporary job in the Leningrad region.

It's impossible to travel from town to the region every day, so I decided to stay with my friends (working there), and I decided to rent my room by contract.

The 32 above-mentioned decisions of the Plenum of the Supreme Court of the Russian Federation, in the temporary absence of the employer of the dwelling and (or) members of his family, including former family members, retain all the rights and obligations under the contract of social employment of the dwelling (art. 71).

So the court had no reason to consider my leaving the room permanent, especially since I have no other place of residence.

I have no reason to record the improvement of living conditions or the acquisition of a right to use any dwelling.

I would like to emphasize that the court has not examined my current residence at all: there is no evidence in the case file that I have a different place of residence, so the court has deprived me of my only place of residence.

The court violated the substantive law.

As stated in article 32 of the above-mentioned Decision of the Plenum of the Supreme Court of the Russian Federation, "[t]he intention of a citizen to refuse to use a dwelling under a social employment contract may be supported by various evidence, including certain actions, which together demonstrate the will of the citizen as a party to the housing contract".

On page 22-23 there is a hire contract concluded on 15.06.20 the year between me and Y.W. with respect to the disputed room. On line 24 there is a receipt of receipt of money under this contract. The proper execution of this contract has not been contested either by me or by Y.B.

Thus, I have never waived the right to use the disputed room, and in addition, I have exercised my right under article 67 of the Russian Federation to rent out the accommodation in the basement. Violation of the requirements for the establishment of a sub-contract does not constitute a ground for depriving me of the right to use the room.

My temporary absence from the room was related to both the nature of the work and the performance of the sub-recruit: obviously, I could not live in the room with the sub-employer.

In June 20, the plaintiff kicked him out of the disputed room and changed the front door. (L. 82) The plaintiff failed to give me the keys, so I lost access to the room.

She said she wanted to give me the keys, but she said in a court hearing, but it was done six months later, in a demonstration, with the intention of convincing the court that she was not preventing me from using the room.

In the meantime, since the summer of 2011, I have had no access to the disputed room, and since 2008, there have been constant scandals, we have ceased to live together, and since then I have been with the plaintiff in a conflict relationship without wanting to communicate with her. Even the plaintiff himself in the statement of claim indicated that the relationship between us did not exist (L.E. 6), she has initiated the deprivation of parental rights in respect of... A. A. (L. 7). However, the court considered that there was no conflict between me and the plaintiff. It is clear that this conclusion can only be drawn from a lack of examination of the case file.

The court ' s conclusion that I voluntarily refused to perform the employment contract when I left for another place of residence is therefore totally false, unfounded and unconfirmed; therefore, the decision is unfair.

3. The Court did not examine the fact and the grounds for the right of use of the disputed dwelling.

In the plaintiff's application, however, the plaintiff stated that the purpose of the minor's registration in the disputed room was the privatization of the room where she lived at: SPb, etc., 12, square 37: "... since it is difficult to sell the room with the child, we decided to write... A." (L. 81). Thus, when registering the child in the disputed room, the plaintiff did not seek to change the place of residence of the child, she only wanted to simplify the task of selling the room on... the prospectus.

Registration at the place of residence is an administrative act and does not give rise to housing rights and obligations, since the plaintiff has not identified the disputed room as the new residence of the minor and the child has not actually been placed there, A.A.

However, the court did not examine these facts, did not give them a legal assessment, and considered whether the plaintiff acting in the interest of... A. A. was the proper plaintiff. Furthermore, at the same hearing, the plaintiff admitted that he himself had not paid for public services in the disputed room for more than five years.

She put it word for word: "..................... A. A. controls this room at his discretion, he uses it and he must pay for it himself." (L. 81) Thus, the plaintiff admitted that I use and manage the disputed room, and she does not perform maintenance duties on my side.

The Court did not, for an unexplained reason, evaluate the plaintiff ' s explicit admission that I had not waived the right to use the disputed room.

4. The Court stated in the judgement: "In addition, the court shall take into account that the decision of the Smolninsk District Court of St. Petersburg of 10.10.2011... A. A. was deprived of parental authority in respect of... A., which makes it impossible for them to live together".

However, according to the statement of the plaintiff, A.

The Court therefore had no reason to conclude that it was impossible for us to live together.

Moreover, eviction when it is impossible to live together is possible only on the basis of article 91 of the Criminal Code of the Russian Federation, but the court does not invoke this rule by considering the case under article 83 of the Criminal Code.

Thus, I believe that the examination of the case and the decision were based on violations of substantive and procedural law: the court had not correctly identified the circumstances relevant to the case; the circumstances relevant to the case had not been proved; the court ' s findings, as set out in the decision, were inconsistent with the circumstances of the case; and the rules of procedural law had been violated.

On the basis of articles 320, 328, 330 of the Code of Criminal Procedure,

PLEASE:

1. Rescission of the decision in its entiretyThe Smolninsky District Court of St. Petersburg, of 14 March 2012, in case No. 2-984/12.

2. Take a new decision in the case, dismissing the claimon the recognition of the defendant as having lost his right to use the dwelling,and having granted a counter-claim on the obligation to provide access and not to obstruct the use of the accommodation.

Annex: 1. Copies of the appeal

Date, signature

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Appeal against court decision

An appeal against a civil court decision, taking into account recent legislative changes, ask the rules of appeal, download a sample of the appeal, including a completed one, examine the example of the appeal, and ask the lawyers questions about the appeal.

What is an appeal against a court decision

An appeal is a complaint against a court decision that has not entered into force.

An appeal is lodged against a decision of the court; it may be lodged against decisions of any court of first instance; it may be lodged against decisions of magistrates, district and city courts, provincial, regional and republican courts, as well as decisions of the Supreme Court of the Russian Federation.

Persons who have participated in a civil case may lodge an appeal; the rest of the citizens may file a complaint only if the decision affects their rights and obligations, and they will have to substantiate this fact in detail in the text of the complaint (art. 320 of the Criminal Code of the Russian Federation).

The appeal is heard by a higher court, a court of appeal, and the list of courts of appeal is given in article 320.1 of the Code of Criminal Procedure.

On the basis of the outcome of the examination of the complaint, the decision may be reversed, amended or left unchanged, and the outcome of the appeal shall be determined by an appeal decision.

The issuance of an appeal decision means the entry into force of the court ' s decision.

The District Court ' s decision may be appealed to a higher court within one month of its adoption; the time period shall start to flow from the time the reasoned decision is made.

Normally, in a court hearing, the judge declares only the operative part of the judgement, deferring the drafting of the full judgement for a period of up to five days; the judge shall announce the date of the final judgement when the judgement is delivered at the end of the trial.

If this is not done, the date of the reasoned decision must be specified in court when a copy of the decision is received.

How the District Court ' s decision is appealed

An appeal is made after a reasoned decision has been received and examined, which will make it possible to understand the logic of the court ' s decision, to evaluate its arguments and to criticize the circumstances established by the court; without a reasoned decision, the appeal will be superficial and indefensible.

Sometimes, if the court delays the preparation of a reasoned decision, a brief appeal is drawn up, which should formally take into account all the requirements of the appeal, but may not provide a full justification for the complainant ' s position; such a complaint is prepared in order not to delay the appeal period; then a further appeal may be made, with full justification for the complainant ' s position.

The content of the appeal must comply with the requirements of article 322 of the Code of Criminal Procedure.

Head of appeal against the court ' s decision

The appeal must state the name of the court to which it is submitted. The court's name for appeal is usually indicated at the end of the court's decision, as follows: "The court's decision may be appealed within one month in the court." If this name is not specified, it can always be found.

Thus, decisions of district and city courts are appealed to regional, regional and republican courts; for example, in the Moscow region, appeals are lodged with the Moscow Regional Court, in the Krasnodar District, with the Krasnodar Regional Court, and in Tatarstan with the Supreme Court of the Republic of Tatarstan.

In St. Petersburg and Moscow, appeals against decisions of district courts are lodged with the St. Petersburg or Moscow City Court, respectively.

The appeal shall contain the full details of the complainant ' s name, name and patronymic, without any abbreviations, as stated in the passport, the address of the complainant ' s place of residence or place of residence, and shall be notified to that address by the court of the time and place of the appeal.

The complaint must include the name of the complaint —Appeal against court decisionIn order for the court to have no reason to accept it as another document, the decision of the court, which is subject to appeal, must be indicated.

The name of the court's decision should include the date of the judgement, the name of the court which rendered it, the data of the plaintiff and the defendant, and the substance of the plaintiff's claims.The title of the decision should normally appear in the decision's policy part before the words "Done." For example, the decision of the Tver District Court of Moscow of 17.06.

In 2016, in a civil case, Ivan Ivan Ivanovich's claim against Petrov Peter Petrovich for repayment of a loan agreement debt.

Content of the narrative of the appeal

In the narrative of the appeal, it is necessary to state the grounds on which the complainant disagrees with the court ' s findings and considers the court ' s findings to be incorrect.

The narrative may simply describe why the decision of the court appears to be unlawful and subject to modification or annulment, but it is better to base the grounds for setting aside the decision listed in article 330 of the Criminal Code of the Russian Federation.

There is no need to reopen the court ' s decision in the appeal; it is already in the case; it will be seen by the judges in the appeal, excerpts and quotations from the decision will simply destroy the text of the complaint and make it difficult to understand.

Try to make the narrative brief, in effect, so that it is clear to the court of second instance what points are worth noting, which the complainant specifically disagrees with.

From the practice of lawyers, no more than three pages of printed text will be a good content of the appeal.

Claims in appeal

After the grounds for the withdrawal of the appeal must be set out in the text of the appeal, which must not be arbitrary; they must be in accordance with the powers of the court of appeal (art. 328 of the Criminal Code of the Russian Federation); their requirements must be fully identical to those set forth in the law.

Thus, the following requirements can be made in the appeal:

  • Repeal the decision of the court of first instance in its entirety and take a new decision in the case;
  • Rescission of the decision of the court of first instance in part and a new decision in the case;
  • Amend the decision of the court of first instance in whole or in part and take a new decision in the case;
  • Repeal the decision of the court of first instance in its entirety and discontinue the proceedings;
  • Repeal the decision of the court of first instance in part and discontinue the proceedings in part;
  • Repeal the decision of the court of first instance in whole or in part and leave the application without consideration in whole or in part.

When a partial reversal or modification of a court decision is required, the appeal shall specify which part of the applicant requests that the court ' s decision be set aside or amended.

These requirements are in accordance with the powers of the second instance court, other requirements cannot be claimed, this would be contrary to the requirements of the procedural law and cannot be considered by the appeal court.

The requirements of the appeal are indicated after the words "Please." It is better if several claims are numbered and divided; if a new decision is required in the case, the applicant should indicate how it should be made. For example, "To make a new decision in the case which in the plaintiff's claim is to be denied in full".

Documents attached to the appeal under the Criminal Code of the Russian Federation

Following the complainant ' s request, all documents attached to the appeal must be accompanied by copies of the complaint, and copies must be attached according to the number of persons involved in the case.

Also attached to the appeal is a receipt of payment for the State party ' s service, if the complainant is not exempt from payment.

Other documents are generally not attached to the appeal, as they are already available in the civil case file.

If there is a need to attach additional evidence which has not been submitted to the case or has been submitted but which has been rejected by the court of first instance, an application for additional evidence must be made.

Such a request may be included in the text of the complaint or a separate document (then indicate the application as an annex to the complaint).

At the end of the appeal, the applicant must submit his signature and the date of the appeal, which does not necessarily coincide with the date of filing.

Appeal against a civil court decision

An appeal against the decision of the court shall be lodged before the same court which considered the civil case.

It is the judge of this court who decides on the possibility of receiving a complaint, carries out the actions provided for in article 325 of the Code of Criminal Procedure, and then submits the complaint together with the civil case to the court of appeal.

If the complaint had been submitted to the Court of Appeal, it would still be returned to the court, which had examined the civil case, in order to decide whether to accept it.

The time limit for filing an appeal, as already mentioned, is one month from the date of the reasoned decision of the court, and the missed appeal period may be restored upon the applicant ' s request, which is filed at the same time as the complaint.

Once the appeal has been filed, it must be accepted; if the complaint is accepted, the complainant will be notified of the appointment of the case before the appeal court.

If a complaint is left motionless, its shortcomings must be corrected, and if the complaint is returned, the grounds for its return must be examined and either the time period restored or the other authority must be restored.

There may be an appeal against the court ' s decision to return the complaint.

Appeal to Court of Appeal — Additional Materials

In addition to the complaint itself and the knowledge of its drafting and filing, the complainant will need additional information on the review of the appeal before the Court of Appeal and the appeal procedure against the court ' s decision in a civil case, and attention should be paid to the specific nature of the appeal to the justices of the peace.

EMore detailed on appeal: Appeal.RReview of appeals: Appeal procedure.

Model appeal under the Criminal Code of the Russian Federation

Please download a sample of the appeal, fill it in, given your situation, and strictly observe the requirements for the content of the complaint, the attached documents and the deadline for filing them.

  • B________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  • (name of court of 2 instances)
  • From: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  • (FIO in full, address)

Appeal against court decision

The court rendered a judgement in a civil case in the suit (the plaintiff's FIO) against the defendant's (FIO) against the claim (indicate the nature of the claim).

  1. The court ' s decision ____ (specify how the case was resolved on the merits).
  2. I consider that an unlawful decision has been taken by the court on the following grounds (to indicate what the applicant disagrees with in the decision as to why the court decision is unlawful, what laws the court has applied wrong in the resolution of the case, what circumstances are not clarified, which evidence has not been examined by the court).
  3. In accordance with articles 320 to 322, 328 of the Code of Civil Procedure,
  4. Please:
  1. Rescission of decision __(name of the court) from "___________________ in civil proceedings (claimer ' s FIO) to ___________________ (defendant ' s FIO) on ____(materiality of claims).
  2. Take a new decision in the case to which the case should be decided (specify how the case should be allowed on appeal).
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Application:

I request that additional evidence be admitted in the appeal in the case of, (insert a list of additional evidence) that will support the following circumstances,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, and,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i

Frequent appeal drafting issues

Апелляционная жалоба на решение суда о выселении из квартиры (образец)How many pages should an appeal be drawn up?

You can write it on the same page or on more than one page, but I advise you to write it in a concise and substantive way. Reading a large number of texts makes it difficult to understand it.

A declaration of the statute of limitations was admissible only in the court of first instance? Could it be made in an appeal?

The time limit is applied by the court only on the application of a party to a dispute made prior to the court ' s decision, which may only be considered by the appeal court if the court ' s decision has been quashed. Therefore, if there are other grounds for rescission, such as failure to give notice of the time and place of the case, it is possible to state that the time limit may also be missed in an appeal.

The Court of Appeal quashed the decision of the Court of First Instance in a civil case, since article 113 of the Civil Code had been violated, and the new decision fully repeated the decision of the Court of First Instance.

The Court of Appeal may issue a decision similar to that of the court of first instance if the only violation is the improper notification of the persons involved in the case and, in essence, the court ' s decision is correct and the material law is applied correctly.

I don't understand why I have to write a complaint through a district court, so I have to write the same court again in my hat, or the address of a higher court?

The appeal is addressed to the higher court and referred to it in the complaint ' s cap, including the address, and the complaint is submitted physically to the court that issued the decision.

Should copies of documents already available be added to the civil appeal, or should only copies of new documents suffice?

A civil case is sent to the court of appeal together with the complaint; the court of second instance will examine all the materials of the case, so it is not necessary to attach documents that are already available in the case file; new evidence can only be attached to the appeal if the complaint establishes that it is not possible to submit them to the court of first instance.

Can witnesses be questioned on appeal?

The issue of examination of witnesses is dealt with in the same way as the issue of the presentation of additional evidence.

If their absence from the court of first instance was due to valid reasons, they could be submitted to the court of appeal, but that would have to be explained in detail, and the same applied at the time of the re-examination of witnesses.

They could be re-examined on appeal only on questions that had not been raised in the first instance, and that needed to be explained in great detail.

Could this model appeal be used for a criminal case, or for appeals in an administrative offence case?

The model of appeal submitted can only be used to appeal civil cases; in other cases, another law, other content of the complaint and other requirements apply.

Appeal against the Court ' s decision to evict

In the District Court ' s decision, the plaintiff ' s claims against the defendants for the obligation to transfer the apartment and the eviction were satisfied; the defendant disagrees with the above-mentioned judgement and considers it unlawful and subject to annulment; the defendant requests the District Court ' s decision to reverse it.

  • In the Moscow City Court, Adres:
  • From the Respondent:.........................................................................................
  • Defendant: Moskva City Cadet boarding school "Navigatsk School" Adres:
  • Claimant: Department of Housing Policy and Housing of the City of Moscow Adrez:
  • Case No.
  • APELLATIONAL JALOBAN Decision of the Dorogomilov District Court of Moscow of _ in civil case No.

By a decision of the Drogomilov District Court of Moscow, in civil case No.

Moscow for the City of Moscow's Cadet boarding school "-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------and--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I, ___________________, do not fully agree with the above-mentioned judgement, consider it unlawful, unjustified, based on violations of substantive and procedural law and subject to annulment on the following grounds.

The JP and JF of Moscow filed a claim with the Dorgomilov District Court of Moscow for the obligation to transfer the apartment and the eviction.The plaintiff ' s claim was based on the grounds that under the lease agreement No.

The apartment, located at: ___________________, has been handed over to the City of Moscow's Cadet boarding school "___" for five years for use in the residence of an employee of the organization.

Subsequently, the above-mentioned apartment was provided to me as a staff member under a contract of employment.

In ___ years, the lease agreement concluded between JP and JF Moscow and the City of Moscow's Cadet boarding school "--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

The contested court decision states that the apartment was not voluntarily released and therefore the plaintiff had to go to court. In reality, after the expiry of the lease and the contract of employment of JPP and JF Moscow, there were no requests for eviction, and therefore I consider that the pre-trial settlement of the dispute was not respected.

Similarly, the decision stated that ___________________ did not appear in court, despite the fact that the court had repeatedly taken steps to notify the place of residence, but the summons was returned with a note from the liaison office "after the expiry of the period of storage".

According to art.

113 PCA of the Russian Federation persons involved in the case, as well as witnesses, experts, specialists and interpreters, shall be notified or summoned to court by registered letter of service, summons with notice of service, telephone or telegram, by fax or by means of other means of communication and delivery, ensuring the recording of judicial notice or summons and its delivery to the addressee.

According to art.

46. The Constitution of the Russian Federation guarantees to everyone the judicial protection of their rights and freedoms.

In fact, I did not receive any subpoenas, a package of documents as a party to the case, as confirmed by the case file, and I did not learn of the judgement until a year ago, so I believe that I was not properly informed and that I was unable to exercise my constitutional right to defend my interests in court.

My right to housing has been violated by a court decision that has been appealed, and I am currently being expelled from an occupied apartment to the street, which is inadmissible under the Constitution of the Russian Federation.

According to art.

40. Everyone has the right to housing; no one may be arbitrarily deprived of his or her home.

Throughout the entire time, since I entered the disputed apartment, I have paid my utilities in good faith, and I have borne the burden of maintaining the dwelling in proper condition.

Moreover, in accordance with paragraph 4 of the Annex to the Moscow Government Regulation of 26 April 2011 No. 158-PP "On the amendment of the Moscow Government Regulation of 5 August 2008 No. 711-PP" with citizens who have occupied housing units previously provided to them under the terms of a sub-rental or as office accommodation for which they have worked in organizations (enterprises) financed from the budget of Moscow and which have provided accommodation for less than 10 years and who continue to work in those organizations (enterprises), contracts shall be concluded for the employment of a service dwelling in the event that the accommodation occupied and the total area of all the dwellings or parts thereof for which a family member has an independent right of use or ownership do not exceed the standard for the provision of accommodation in accordance with article 20 of the above-mentioned Moscow City Law.

Upon completion of 10 years of service, citizens shall terminate their contracts for the employment of a service dwelling and shall conclude social employment contracts with citizens in the event that the premises occupied and the total area of all the dwellings or parts thereof in respect of which a member of the family has an autonomous right of use or ownership do not exceed the size of the dwelling space referred to in article 20 of the above-mentioned Moscow City Act.

I worked for 11 years at the City of Moscow's Cadet boarding school.

I had previously filed an application with JP and JF of Moscow, but was denied because of a court decision that had entered into force, and thus my right to enter into a social employment contract was violated by a court decision.

Similarly, in accordance with article 330 of the Code of Criminal Procedure, the grounds for the annulment of the decision of the court of first instance are, in any case, the examination of the case in the absence of any of the persons involved in the case and who have not been duly informed of the time and place of the trial.

The decision of the Dorogomilsk District Court of Moscow to revoke the provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Elimination of All Forms of Discrimination against Women.

Annex:1. Bill of payment of State duty;2. Copy of the judgement of the Dorogomilsk District Court of Moscow of ___________________;3. Application for reinstatement of the missed procedural period;

4. Copies of documents by number of persons involved in the case.

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Appeal against the court ' s decision to evict an apartment (sample) Reference to main publication